Greetings!We (Samantha Stauch, LLC.) run a blog and web site called samanthastauch.com and would love for you to engage with it. However, be responsible in what you post. In particular, make sure that none of the prohibited items listed below appear on our site or get linked to from your site (things like spam, viruses, or hate content). If you believe a post or other published content on samanthastauch.com is in violation of the Terms of Service, or if you have questions about privacy please send an inquiry to email@example.com with PRIVACY/TERMS INQUIRY written in the subject line of your message.
Responsibility of Contributors. If you comment on my blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Samantha Stauch, LLC. or otherwise.
By submitting Content to Samantha Stauch, LLC. for inclusion on our Website, you grant Samantha Stauch, LLC. a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting our blog and website. If you delete Content, Samantha Stauch, LLC. will use reasonable efforts to remove it from the Website and blog, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Samantha Stauch, LLC. has the right (though not the obligation) to, in Samantha Stauch, LLC.'s sole discretion (i) refuse or remove any content that, in Samantha Stauch, LLC.’s reasonable opinion, violates any Samantha Stauch, LLC. policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Samantha Stauch, LLC.’s sole discretion. Samantha Stauch, LLC. will have no obligation to provide a refund of any amounts previously paid.
Optional paid services are available on the Website through third party services. Interactions with those parties (whether fulfulled or unfullfilled) are not considered interactions with Samantha Stauch, LLC. Failure to deliver a product, good, or other service remains the responsibiliy of those third party vendors and not Samantha Stauch, LLC. Refunds or exchanges will be processed based on the terms of service they have laid out.
Responsibility of Website Visitors. Samantha Stauch, LLC. has not reviewed, and cannot review, all of the material, including computer software, posted to the Website or blog, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website or blog, Samantha Stauch, LLC. does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Samantha Stauch, LLC. disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which samanthastauch.com links, and that link to samanthastauch.com. Samantha Stauch, LLC. does not have any control over those non-samanthastauch websites and webpages, and is not responsible for their contents or their use. By linking to a non-samanthastauch website or webpage, Samantha Stauch, LLC. does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Samantha Stauch, LLC. disclaims any responsibility for any harm resulting from your use of non-samanthastauch websites and webpages.
Copyright Infringement and DMCA Policy. As Samantha Stauch, LLC. asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by samanthastauch.com violates your copyright, you are encouraged to notify Samantha Stauch, LLC. in accordance with Samantha Stauch, LLC.'s Digital Millennium Copyright Act (DMCA) Policy. Samantha Stauch, LLC. will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Samantha Stauch, LLC. will terminate a visitor’s access to and use of the Website of Blog if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Samantha Stauch, LLC. or others. In the case of such termination, Samantha Stauch, LLC. will have no obligation to provide a refund of any amounts previously paid to Samantha Stauch, LLC..
Intellectual Property. This Agreement does not transfer from Samantha Stauch, LLC. to you any Samantha Stauch, LLC. or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Samantha Stauch, LLC.. Samantha Stauch, LLC., samanthastauch.com, the samanthastauch.com logo, and all other trademarks, service marks, graphics and logos used in connection with samanthastauch.com, or the Website are trademarks or registered trademarks of Samantha Stauch, LLC. or Samantha Stauch, LLC.’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Samantha Stauch, LLC. or third-party trademarks.
Changes. Samantha Stauch, LLC.reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website or Blog following the posting of any changes to this Agreement constitutes acceptance of those changes. Samantha Stauch, LLC. may also, in the future, offer new services and/or features through the Website or Blog (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. Samantha Stauch, LLC. may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your samanthastauch.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website is provided “as is”. Samantha Stauch, LLC. and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Samantha Stauch, LLC. nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will Samantha Stauch, LLC., or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Automattic under this agreement during the twelve (12) month period prior to the cause of action. Samantha Stauch, LLC. shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless Samantha Stauch, LLC., its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
DMCA. If you believe any content on this website violates your copyright, a written notice must be sent via the US Postal Service to:Samantha Eyster, Attn: Copyright, P.O. Box 126, Grosse Ile, Mi, 48138. Email: firstname.lastname@example.org. Claim must include: Your name, address, phone number and email address. Claim must describe the alleged a violation of copyright. An exact URL must also be included, so as to locate the possible copyright infringement. A statement of describing why you believe the content has not been authorized by you, an agent who legally represents you, or is not permissible according to state and federal law. Claim must include a legal electronic or physical signature of claimant or of an agent who represents the claimant. It must also include a statement by the copyright holder, under the penalty of perjury, that all information included within claim is factual, that a claimant is indeed the legal copyright of the alleged copyright material, and that the claimant is legally entitled or was authorized to pursue this claim.
Miscellaneous. This Agreement constitutes the entire agreement between Samantha Stauch, LLC. and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Samantha Stauch, LLC., or by the posting by Samantha Stauch, LLC. of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Michigan, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Wayne County, Michigan. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Detroit, Michigan, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Samantha Stauch, LLC. may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.Change log: